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TITLE OF BILL: An act to amend the penal law, in relation to failure to report a lost or stolen firearm

PURPOSE OR GENERAL IDEA OF BILL: To require lost or stolen firearms to be reported to the police authorities of the city, town or village within seventy-two hours of such loss or theft.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Adds a new sections 265.21 to read as follows:

§265.21 Failure to report theft or loss of a firearm, rifle or shotgun in the third degree. A person is guilty of failure to report theft or loss of a firearm, rifle or shotgun in the third degree when he or she intentionally fails to report such theft or loss as prescribed in section 400.10 of this chapter. A person who violates the provisions of this section shall have any license validly issued, as provided under section 400.00 of this chapter suspended. Failure to report theft or loss of a firearm, rifle or shotgun in the third degree is a class D felony.

§2. Subdivision 3 of section 400.00 of the penal law, is amended by adding a new paragraph to read as follows: All applications and renewals of a license to carry or possess a firearm shall include a provision, to be approved as to form by the superintendent of state police, detailing the crimes prescribed in sections 265.21, 265.22 and 265.23 of this chapter.

JUSTIFICATION: The issuance of a license, and the ability to carry a firearm is a privilege and responsibility that should be taken seriously. Lives could depend on it. This legislation would help account for stolen or lost weapons in order to help law enforcement in tracking firearms. Tracking these weapons would allow police authorities to identify and recover lost or stolen weapons more effectively and efficiently. It would also hold those who would negligently or willfully withhold this key information, accountable.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________
2388
2013-2014 Regular Sessions
IN SENATE
January 17, 2013
___________

Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to failure to report a lost
or stolen firearm
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding three new sections
265.21, 265.22 and 265.23 to read as follows:
S 265.21 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
IN THE THIRD DEGREE.
A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
RIFLE OR SHOTGUN IN THE THIRD DEGREE WHEN HE OR SHE INTENTIONALLY FAILS
TO REPORT SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS
CHAPTER.
A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
TER, SUSPENDED.
FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
THIRD DEGREE IS A CLASS D FELONY.
S 265.22 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
IN THE SECOND DEGREE.
A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
RIFLE OR SHOTGUN IN THE SECOND DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
CONVICTED OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR
SHOTGUN IN THE THIRD DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL HAVE ANY
LICENSE VALIDLY ISSUED, AS PROVIDED UNDER SECTION 400.00 OF THIS CHAP-
TER, REVOKED.
FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
SECOND DEGREE IS A CLASS C FELONY.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02189-02-3

S. 2388 2

S 265.23 FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN
IN THE FIRST DEGREE.
A PERSON IS GUILTY OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM,
RIFLE OR SHOTGUN IN THE FIRST DEGREE WHEN HE OR SHE HAS PREVIOUSLY BEEN
CONVICTED OF FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR
SHOTGUN IN THE SECOND DEGREE AND HE OR SHE INTENTIONALLY FAILS TO REPORT
SUCH THEFT OR LOSS AS PRESCRIBED IN SECTION 400.10 OF THIS CHAPTER.
FAILURE TO REPORT THEFT OR LOSS OF A FIREARM, RIFLE OR SHOTGUN IN THE
FIRST DEGREE IS A CLASS B FELONY.
S 2. Subdivision 3 of section 400.00 of the penal law, is amended by
adding a new paragraph (c) to read as follows:
(C) ALL APPLICATIONS AND RENEWALS OF A LICENSE TO CARRY OR POSSESS A
FIREARM SHALL INCLUDE A PROVISION, TO BE APPROVED AS TO FORM BY THE
SUPERINTENDENT OF STATE POLICE, DETAILING THE CRIMES PRESCRIBED IN
SECTIONS 265.21, 265.22, AND 265.23 OF THIS CHAPTER.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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